New guidelines target crimes of food safety

China has issued new guidelines calling for tougher investigations and harsher punishment of food safety crimes, focusing on highrisk sectors, closer coordination between administrative and criminal justice enforcement, and tighter oversight of emerging online food businesses.

The guidelines were recently issued by the Commission for Political and Legal Affairs of the Communist Party of China Central Committee. An official with the commission said on Monday that China's food safety situation remains generally stable, but new risks have emerged, including increasingly networked, professional and organized criminal activities, inadequate coordination between administrative enforcement and criminal justice, and repeated violations in some sectors.

Recent incidents involving formaldehyde-treated cabbage, the use of the pesticide dichlorvos in restaurant pest-control services and chemically treated waxberries have also raised public concern, the commission said.

In one case, media reports in late August revealed that a company in Xiamen, Fujian province, had used dichlorvos for years while providing pest-control services to more than 100 restaurants. The State Council Food Safety Office subsequently placed the case under direct supervision and dispatched a joint working group, together with the State Administration for Market Regulation and the National Disease Control and Prevention Administration, to oversee the investigation.

Xiamen police placed six people under criminal detention on Aug 30, and at least one suspect has since been approved for arrest, according to the latest update.

Against this backdrop, the guidelines call for stronger action in areas closely linked to daily consumption, including meat products, school meals, health foods, vegetables and fruit. Authorities will also target key links in the supply chain, including production and processing, online sales, catering services and food imports.

Major and complex cases will receive closer supervision and guidance, while strict standards are to be applied throughout criminal proceedings, from investigation and arrest to prosecution, trial and enforcement of sentences.

The guidelines call for tighter controls on the use of suspended sentences and exemptions from criminal punishment in food safety cases, as well as heavier penalties for serious offenses with significant social impact.

Another priority is improving coordination between administrative regulators and judicial authorities. Judicial authorities will work with market regulation, agriculture and rural affairs departments and other agencies to clarify standards for case transfers, inspections and appraisals, as well as rules for converting evidence gathered in administrative proceedings for use in criminal cases, and vice versa.

The guidelines also call for establishing an information-sharing platform for food safety cases and strengthening two-way case-transfer mechanisms. These measures aim to prevent criminal conduct from being dealt with solely through administrative penalties and ensure that violations warranting criminal punishment do not go unpunished.

Legal rules will also be updated to keep pace with emerging business models. The guidelines call for accelerating a comprehensive revision of the Food Safety Law and clarifying regulatory responsibilities for fresh-food e-commerce, food delivery and livestreaming sales, while developing a more proportionate penalty system.

Authorities will also coordinate revisions to the list of prohibited additives when investigations uncover new substances being illegally added to food, providing a clearer legal basis for prosecution.

The State Administration for Market Regulation released a draft revision of the Food Safety Law for public comment on Oct 10.

The draft proposes dedicated provisions on school food safety and online food businesses, clarifying the responsibilities of online platforms, livestream operators and livestream marketers. It would also make cross-border e-commerce companies responsible for the safety of imported food, food additives and related products.

The draft also seeks to expand digital oversight through the use of internet and artificial intelligence technologies. Food businesses would be required to install monitoring equipment at key risk points, with relevant video feeds connected to local market regulation systems.

The Commission for Political and Legal Affairs stressed that food safety governance should place greater emphasis on prevention.

Procuratorates, courts and public security organs are encouraged to identify regulatory weaknesses exposed by individual cases and issue judicial recommendations, procuratorial suggestions and police risk alerts to strengthen oversight across the food supply chain.

Big data-based legal supervision models and public interest litigation will also be used to identify risks, investigate leads and promote broader industry rectification.

The guidelines further call for stronger public legal education on food safety and closer cooperation between the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice.